RESOLUTION # ORDINANCE NO

12/08/05 14:05 FAX 2182469540 DEER RIVER CITY

RESOLUTION

# 2005-27

ORDINANCE NO. 1.408

AN ORDINANCE EXTENDING THE CORPORATE LIMITS OF THE CITY OF DEER RIVER TO INCLUDE CERTAIN LAND OWNED BY PRIVATE PARTIES

AND ABUTTING THE CITY OF DEER RIVER.

WHEREAS. the City of Deer

River

has filed a Notice of Intent for the Annexation of Certain Land to the City of Deer River upon the Town of Morse, pursuant to the provisions of Minn. Stat. §414.033, Subd.3, regarding the annexation to the City of Deer River of that certain real estate located within the County of Itasca, State of Minnesota, described as follows:

The North Two

Hundred

Feet (N.200')

of the East Three Hundred and Sixty feet (E.360') of Government Lot Four (4). Section

Twenty-six

(26). Township One Hundred Forty-five (145) North, Range Twenty-five (25), West of the Fifth Principal Meridian, Itasca County, Minnesota. (ChuleJ Larson, 1.65 acres) The West Three Hundred Twelve feet (W.312') ofthe East Six Hundred Seventy Two feet (E.672') of the North Two Hundred feet (N.200') of Lot Four (4). Section Twenty-six (26), Township One Hundred Forty-five (145), Range Twenty-five (25), subject to an easement for

roadway pwposes

over and upon the East 30 feet of the above described tract.

(Mary

and

Thomas

Williamst

1.44

acres)

The East 125.4 Feet of the South 450.00 Feet of Government

Lot

Two (2), Section Twenty-six (26), Township One Hundred Forty-five (145), Range Twenty·five (25) West of the Fifth PrincipaJ Meridian, Itasca County, Minnesota, AND the West 34.6 Feet of the South 450.00 feet of Government Lot One (1), Section Twenty-six (26),

Township

One Hundred Forty-five (145), Range

12/08/05 14:05 FAX 2182469540 DEER RIVER CITY

Twenty-five

(25) West of the Fiflh Principal Meridian, Itasca County, Minnesota. (Bruce Hastie, 1.65 acres)

The East Four Hundred Feet (E.400') ofthe South Two

Hundred Feet (S.200') of Government Lot Four (4), Section Twenty-six (26), Township One

Hundred

Forty-five (145), Range Twenty-five (25) West

of

the Fifth

Principal

Meridian.

Itasca County, Minnesota.

(fony Bodin, 1.84 aeres).

WHEREAS, the afore-named parties are the only owners of the above described

properties, that the property is residential in nature,

that the

property

is located within

Morse Township and

Deer River

Township and abuts on the northerly and westerly

boundary of

the

City of Deer

River,

that the property is

not included

in

any

boundary

adjustment

proceeding pending

before Minnesota Planning,

Municipal Boundary

Adjus1ments, that the propeny has an area of less than 10

acres

in

size

and has the potential to

be

served by Deer River municipal

sewer

and water facilities, the san1e which

are not otherwise available, and that said property is or is about to

become

urban

or suburban in character, and;

WHEREAS, it is in the

best interests

of the above

described property

to have municipal

water and sewer

service available to

them, and;

WHEREAS. The City of

Deer

River does not provide municipal electric

service,

and the

provider

of electric service to

the Petitioner

will remain

the same

utility

which

provided

electric service

prior

to any annexation, and that rates

for electric

service shall remain

unaffected

by any annexation,

and that the notice provisions of Minn. Stat. §414.033

Subd.13 are inapplicable

to this

proceeding, and;

WHEREAS,

the

area proposed to be annexed is not included

in

any area that has

been designated for orderly annexation

pursuant to

Minn.

Stat.

§414.0325, and

is

not part of

any area included

in

a Community

Based

Planning Pilot Projecl

NOW. THEREFORE. THE CITY COUNCIL OF THE CITY OF

DEER

RIVER, MINNESOTA,

DOES

HEREBY ORDAIN:

Section 1:

The City

Council

hereby

determines and

finds

that the property

ab,uts

the municipality, that the area to be annexed

is

~~ 60%

bordered by the City

of

Deer

River and

fony (

40) acres or less in area, that

the

area to be

annexed is

not currently

12/08/05 14:05 FAX 2182469540 DEER RIVER CITY

served by municipal water and sewer facilities, the same which are rteeded to serve the above properties and all of which are unavailable from any other sol.U'Ce, and that the municipality has served a Notice of Intent to Annex the subject property upon Morse Township and Deer River Township and the Municipal Boundary Adjustments Unit pursuant to the provisions ofMinn. Stat. §414.033t Subd. 3.

Section 2: That Morse Township and Deer River Township has waived or withdrawn objections to the annexation upon certain terms and conditions as agreed to between the

Town of

Deer River and City.

Section 3: The property is urban or suburban in nature or about to become so.

Section4: Miim. Stal §414.033, Subd. 13 is inapplicable and any notice required thereunder has been waived by the Petitioners.

SectionS: The col'J)Omte limits of the City of Deer River are hereby extended to include the subject property identified in the Petition and above, and the same is hereby annexed to and included with the City ofDeer River as

if

the

property

had originally been a part thereof.

Section 6: That for the purposes of

zoning in

accordance with the Deer River Code of Ordinances,

the

property to be annexed shall

be

zoned as Residential.

Section 7: The City Clerkfl'reasurer is d1rected to file certified copies of this ordinance with the office of Minnesota

Planning - Municipal

Boundaiy Adjustnlents, Morse Township, Deer River Township, the County of Itasca, the Itasca County Auditor, and the Minnesota Secretary of State.

This ordinance takes effect upon

its

passage and publication and filing of the certified copies as directed

in

Section Seven and approval of the ordinance by the office of Minnesota Planning- Mwticipal Boundary Adjustments.

12/08/05 14:05 FAX 2182469540 DEER RIVER CITY

JOHN O'BRJEN, Mayor

Attest:

~

VICTOR

WILLIAMS, SR,

Clerk

Public Hearing:

Introduced:

Passed: Published:

Effective:

Minnesota

Planning

passage:

State ofMinnesota )

) ss

County of Itasca ) ·-~2-13-04 11-26-04 11-28-QS

12-oa-os

12-QS-05

I,

Victor Williams, Sr., the City CJerk of the City ofDeer River, Itasca

County,

Minnesota. hereby certifY

that

I

have compared the foree:oine: copy of the validly adopted

Ordinance of the City of Deer River

with

the oriQ:inal

record

thereof on file

with

the

Clerk,

and

that the same

is

a true

and

correct copy of

said

original record and

of

the

whole thereof.

Witness my hand and seal this _ _ day

of _ _ _ _ _ _ _ _ _

.

Signature